Bernalillo County, NM Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- Separate retail license
- None required by the county
- Minimum sale age
- 21
- Lead enforcement agency
- County Fire Chief's Office
- Vending machines
- Age-controlled locations only
- Sampling ban radius
- 500 ft of youth center
Summary
Bernalillo County does not issue a separate tobacco or vape retailer license, but it bans selling any tobacco or e-cigarette product to anyone under 21, requires age verification and sealed packaging, and limits vending machines to age-restricted locations. The Fire Marshal's office leads enforcement with the sheriff and zoning enforcement.
(a)A person shall not knowingly, intentionally or negligently sell, offer to sell, barter or give a tobacco product to a person under the age of 21.(b)A retailer or an employee of a retailer shall not knowingly, intentionally or negligently fail to verify the age of a consumer purchasing tobacco products.(c)Evidence of the age and identity of a person attempting to procure tobacco products in person shall be shown by a valid document that contains a picture of that person and is issued by a federal, state, county, municipal, tribal or foreign government, including a motor vehicle driver's license or identification card.(d)A tobacco product shall only be sold in an original manufacturer-sealed package, except for individually sold cigars or loose leaf pipe tobacco.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).
Full Breakdown
Bernalillo County Code Chapter 42, Article III, Division 2, adopted by Ordinance No. 2020-27, regulates tobacco and e-cigarette sales in the unincorporated county without creating a stand-alone retailer license. Section 42-111 defines "tobacco product" broadly enough to include e-cigarettes and other electronic nicotine delivery systems. Section 42-115 bars any person from knowingly, intentionally or negligently selling, offering to sell, bartering or giving a tobacco product to anyone under 21, requires retailers to verify a buyer's age with a government-issued photo ID, and requires tobacco products to stay in their original manufacturer-sealed package except for individually sold cigars or loose-leaf pipe tobacco.
Section 42-116 confines vending machine sales to age-controlled locations where people under 21 are not admitted, and gave an owner of a noncompliant machine three months from January 1, 2021 to remove it. Section 42-117 bans handing out free tobacco samples on any public street, sidewalk or park within 500 feet of a youth center or youth activities. Section 42-113 puts the county fire chief's office in charge of coordinating enforcement, requires retailers to post a sign reading "IT IS ILLEGAL FOR A PERSON UNDER 21 YEARS OF AGE TO PURCHASE TOBACCO PRODUCTS," and directs the environmental health department, sheriff's department and zoning enforcement to assist; sheriff's deputies or their designees can issue citations directly.
Violations & Fines
Section 42-112 makes any violation of the tobacco sales division punishable under the Code's general penalty, § 1-6, unless the division states otherwise. An employer is not prosecuted for an employee's or agent's violation if the employer shows it has put an effective compliance system in place since the violation, but that exception applies only once to the same employer in any two-year period. Section 42-116 limits vending-machine liability to one violation per day.
Frequently Asked Questions
Does Bernalillo County require a license to sell vapes or tobacco?
What age-verification steps does a retailer have to follow?
Can a retailer put tobacco products in a vending machine?
Who enforces the county's tobacco sales rules?
Sources & Official References
Other rules in Bernalillo County
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